Politico by Christian Farias
August 29, 2019
When the Supreme Court and lower courts interpret the Constitution and laws, their decrees are public, accessible and subject to debate. In some instances, if an interpretation of the law doesn’t sit well with the public, Congress can respond by amending the law, effectively nullifying a court’s decision. Or if a ruling on a constitutional question is especially egregious, a constitutional amendment, though unlikely, remains an option.
But it turns out there’s a whole category of American law that is above such checks and balances. The public knows nothing about it and there’s no way to challenge it in court, let alone debate it in the halls of Congress.